Direct Appeal in Administrative Law at Rotterdam District Court

Direct Appeal in Administrative Law for Rotterdam Residents

In Rotterdam, you can file a direct appeal in administrative law straight to the Rotterdam District Court, without first lodging an objection with the Municipality of Rotterdam or another administrative authority. This expedited route offers quick clarity on decisions, such as traffic fines or local permits, and saves time for residents of the Maasstad.

What is a Direct Appeal?

A direct appeal provides a shorter procedure in administrative law. Normally, you must first file an objection with the administrative authority, such as the Municipality of Rotterdam, before proceeding to an appeal with the court. With a direct appeal, you skip that step and go directly to the Rotterdam District Court. This is designed to reduce bureaucracy, particularly for straightforward decisions without significant interests at stake.

In Rotterdam, this applies to decisions by the municipality or CJIB that do not require extensive reconsideration, so you don't have to present your case twice.

When Can You File a Direct Appeal in Rotterdam?

Direct appeal is not available for every decision. The General Administrative Law Act (Awb) imposes restrictions. It is possible if:

• The law explicitly permits it (Article 8:1(2), Awb).
• It concerns a decision, except where objection is mandatory (Article 6:2 Awb).
• Objection is excluded, such as for Royal Decrees or ministerial subsidies.
• Specific situations, such as provisional decisions or where the authority offers the direct route.

Typical cases in Rotterdam: city parking fines, minor building permits, or CJIB matters.

Legal Basis

Direct appeal is enshrined in the Awb:

• Article 6:2 Awb: Appeal against decisions to the administrative court, unless objection is required.
• Article 7:1 Awb: Standard procedure after objection, with exceptions for direct routes.
• Article 8:1 Awb: Conditions for direct appeal.
• Article 8:55 Awb: Cost reimbursement in expedited cases.

Acts such as the Mulder Act or General Administrative Law on Subsidies permit direct appeal. Always check the notice of the decision, often from the Municipality of Rotterdam.

Procedure for Direct Appeal at Rotterdam District Court

The steps are streamlined:

1. File the appeal: Within 6 weeks of the date of notification (Article 6:7 Awb). Use the form and address it to Rotterdam District Court.
2. Grounds of appeal: Explain why the decision is incorrect, with supporting documents.
3. Hearing: Usually within 12 weeks (Article 8:43 Awb); statement of defense from the authority.
4. Judgment: Within a few months.
5. Interim relief: Request suspension (Article 8:81 Awb) if urgent.

For Rotterdam matters such as municipal decisions: always at Rotterdam District Court, except for national matters (Council of State).

Practical Examples in Rotterdam

Example 1: Traffic Fine. Fine for speeding on the A20? Against Mulder Act fines, go directly to Rotterdam District Court, without the public prosecutor.

Example 2: Building Permit. Municipality of Rotterdam refuses your extension in Feijenoord? Direct appeal where permitted.

Example 3: Parking Tax. Assessment for parking in the city center: often eligible for direct appeal.

Rights and Obligations

Rights:

• Right to be heard and respond.
• Court fee (€183 for individuals, 2024).
• Cost recovery if you win (up to €992 + lawyer fees).

Obligations:

• File on time (6 weeks).
• Complete file.
• Cooperate on solutions.

For free advice: Legal Aid Office Rotterdam.

Comparison: Direct vs. Standard Appeal

Frequently Asked Questions